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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a court order against me that means I have to grant

Resolved Question:

I have a court order against me that means I have to grant access to my children's grandmother and their uncle. It was written 5 years ago and the grandmother is dead.
Is the court order still applicable?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is***** shall do my best to help you but I need some further information first.How old are the children and when did they last see their Uncle?
Customer: replied 1 year ago.

Now 14 and 12 they see him 6 times a year as per court order

Court order originally said 3 times had to be overnight but the uncle never asked for a weekend until recently

Expert:  Clare replied 1 year ago.
Do the children want to stay with him?
Customer: replied 1 year ago.

Yes. My problem is the frequency in that the number of weekends they have free now is so low as they are both very active / sport / school / social - I don't really want to go back to court but I did wonder that as one party was dead whether the court order was still valid. I am happy for him to see them.

Expert:  Clare replied 1 year ago.
The Order still stand and it is unlikely that the Courts would see three overnights a year as being excessiveI am sorry not to give you better newsPlease ask if you need further details
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help.

Expert:  Clare replied 1 year ago.
You are welcome I am sorry not to give you better news